1986-134-Enter Into An Agreement With The Office Of Emergency Services, County Of Santa Clara Related To Emergency Management And Disaster PreparednessRESOLUTION NO. 1986 -134
A RESOLUTION AUTHORIZING THE TOWN OF LOS GATOS
TO ENTER INTO AN AGREEMENT WITH THE OFFICE OF
EMERGENCY SERVICES, COUNTY OF SANTA CLARA
RELATED TO EMERGENCY MANAGEMENT AND DISASTER
PREPAREDNESS
WHEREAS, the Office of Emergency Services has a presently existing
emergency preparedness planning and operations organization,
and;
WHEREAS, the Manager of the Office of Emergency Services has been given
authority by the Santa Clara County Board of Supervisors to
enter into agreements for services with the entities desiring
such services; and
WHEREAS, the Los Gatos Town Council finds it mutually advantageous to
the parties herein to have the Office of Emergency Services
perform certain services for the Town of Los Gatos.
BE IT FURTHER RESOLVED, that the Town Manager is authorized to sign the
agreement for services on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos held on the 4th day of August, 1986, by the
following vote:
AYES: COUNCIL MEMBERS Thomas J. Ferrito, Brent N. Ventura
and Mayor Terrence J. Daily
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS Joanne Ben.iamin, and Eric D.
Carlson
SIGNED:
MAYOR OF THE N F LOS S
ATTEST:
CLERK OF HE 14WN OF LOS GATOr
HF'?i::FD IT)
LNEPGE)CY M N ACMME r
AND DISASTER PREPAREDNESS
ri
THIS AGREEZv=, made and entered into this yr-w day of
by and between the City of Los Gatos a municipal corporation of the
State of California, hereinafter referred to as "City /Town," and the County of Santa
Clara through its Office of Rnergency Services, hereinafter referred to as "OES ".
WITNESSETH:
WHEREAS, OES has a presently existing emergency preparedness planning and
operations organization and,
WHEREAS, the Manager of OES has been given authority by the Santa Clara County
Board of Supervisors to enter into agreements for service with the entities desiring
such services; and,
WHEREAS, it would be mutually advantageous to the parties herein to have OES
Perform certain functions for the said City /Town;
NOW, THEREF'ORE, in consideration of the covenants and agreements herein
contained, it is mutually agreed, in accordance with the terms and provisions of tjj
California Emergency Services Act (Government Code Sections 8550, et seq.), and th&
Joint Exercise of Powers Act (Government Code Sections 6500, et seq.), as follows:
1. Term
The term of this Agreement shall be from the date first above written and shall
continue unabated unless termination proceedings are initiated as described below.
This Agreement may be terminated by either party by written notice to the other
Party not less than thirty (30) days in advance of the termination date.
._ - - - - - --- - - -.
.'2. Sccoe of Servi.
During the period of the Agreement OEs will provide assistance as stated in
Exhibit A of this document.
The terns Emergency Services, Civil Defense, Civil Preparedness and /or
Emergency Management are synonymous and as used herein shall have the same meaning.
3. Compensation
The City / own agrees to pay OES the sum of 33.50 per hour not to
exceed 120 hours. The total s
charge by OES for services described in Exhibit A
shall not exceed $4020.00
OES will invoice the City/Town at semi- annual intervals for incurred
expenditures according to Tasks performed as described in Exhibit A.attached hereto.
In the event of tens nat on by the City /Town, OES will exercise diligence to
reduce incurred expenditures from the date of receipt of notice. Upon termination
OES,`as its sole remedy, shall have the right to retain all payment previously
received, and for reimbursement of all expenditures not previously received until tbv.
date of termination.
The above - mentioned specific terns of compensation may be modified by written
consent of -both parties.
4. Liaison
The CitY /Town agrees to appoint a person at staff level as a liaison person to
OES and OES agrees to appoint the Manager of Emergency Services or an Assistant
Emergency Services Manager as liaison to the City /Town.
5. Warranties
With respect to the services, plans, etc., provided by OES under this
Agreement, City /Town agrees to accept same without any warranties, either express or
mplied.
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6. Hold Harmless
City /Town agrees to indemnify, defend and hold harmless OES and the County of
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Santa Clara, its officers, agents and employees from and against any'and all claims,
losses, injuries, demands, suits or judgments, including the cost of defense thereof,
arising from or in connection with OES's performance of the functions and /or services
(or City /Town's utilization of same) referred to in this Agreement, except for such
loss, injury or damage caused by the negligent acts or omissions of the officers,
agents or employees of OES.
7. Status of Parties
This is an Agreement by and between independent contractors and is not inteed
and shall not be construed to create the relationship of agent, servant, employee,
partnership, joint venture or association between OES and /or the County of Santa
Clara and City /Town.
8. Insurance
Each party shall bear the responsibility and cost of procuring and maintaining
whatever insurance coverage each deems necessary to cover their individual activitxer,
under this Agreement.
9. Notices
All notices shall be deemed to have been given when made in writing and
delivered or mailed to the respected representatives of OES and City/Town as follows:
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auu aual Ln
OFS County of San.... Clara
Office of Emergency Services
70 West Hedding Street, W. Wing, Basenent
San Jose, California 95110
Attn: Manager
City /Ta'M City of Los Gatos
City Administrator
P. 0. Box 949
i os C,atp- _ Ca- 95010
10. Entire Agreement
This instrument constitutes the entire Agreement between OES and City /Town
relative to the subject matter hereunder. OES and City /Town expressly agree that all
prior or contemporaneous oral agreements between and among themselves and their
agents or representatives relative to the subject of this Agreement shall be of no
force and effect.
IN WITNESS WHEREOF, the Office of Emergency Services, County of Santa Clara
WES), and City /Town have caused their names to be subscribed hereto by their duly
authorized representative.
MUS-116.14 -Ito
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DATE:
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city of Los Gatos
By: -
City Administrator
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aVi1GW1Tlg Ld SiAS:
Tcwn /City of Los Gat'
TASK (Priority Order)
1. Review and revise as necessary Basic Efiesgency Plan
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2. Review and revise as necessary Service Annexes to Basic Plan
3. Review and revise as necessary Contingency Plans
4. Review and suggest revisions if necessary to emergency ordinances and
resolutions
5. Review and revise as necessary Standard Operating Procedures (SOPS)
6. Schedule and attend Disaster Council meetings
7. Conduct Emergency Management Exercise at Emergency Operations Center (EOC)
8. Check radiological monitoring instruments and arrange replacement as necessaxy
9. Draft and submit Program Emphasis Paper
10. Draft and submit Project Applications as appropriate
11. Review and update as necessary Line Load Control list
12. Conduct liaison with local school districts
13. Submit request for and screen property in Surplus Property Program